obama has actually done fewer, 32. he had fewer opportunities. bush 43 did 99. clinton 95 of them. isn't this destined for the supreme court? if you have the legislative branch and the executive branch disagreeing, then you need the third arbiter here. >> reporter: yes, but sometimes the third arbiter says, this is strictly a political question. it's not really for us to decide it. so i don't know how it will come out. the courts may decide. the tactics being used to challenge the president's recess authority. what's happening is the business groups with the backing of the chamber of commerce are criticizing decisions made by the national labor relations board. >> right. >> because kaat the same time t president put three members on the mlrb. that's how they're attacking the recess power. >> all right. pete williams, this should be interesting. >> reporter: you bet. >> we'll see if they punt, i'd rather see this go to the supreme court. that's what the constitution is for. >> reporter: from a journalistic point of view. >> you love it when the constitution is used. >> reporter: abs